HomeMy WebLinkAbout02-1690Stipulations Against Liens
VILL.4 GE HOMES .4 T
WESTWOOD GLEN, INC., A
PENNS YL VANL4
CORPORATION
Owner
VILLAGE HOME BUILDERS,
INC.
Contractor
~n t[~e Court of ~:ommon ~Iea~ ~:ount~, of
Cumberland
Docket Number
Page Number
, Pennsylvania
Term 19
~trea$, on this 1st day of April, 2002, VILLAGE HOME BUILDERS, INC. ('Contractor") of 114 FOXSHIRE DRIVE,
LANCASTER, PA 17601 has entered into a contract with VILLAGE HOMES AT WESTVVOOD GLEN, INC., A
PENNSYLVANIA CORPORATION ("Owner") of 114 FOXSHIRE DRIVE, LANCASTER, PA 17601 for the erection or
construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 707 WESTWOOD DRIVE, LOT 110,
Enola, PA 17025,, East Pennsboro Township, Cumberland, PENNSYLVANIA described in Exhibit "A" hereof, of which
VILLAGE HOMES AT WESTWOOD GLEN, INC., A PENNSYLVANIA CORPORATION is the title holder of record; and
-~ereas~, it is the intention of Owner and Contractor that neither said lot of ground nor the improvements erected or to be
erected thereon shall be subject to a lien for debts due Owner to Contractor or by Contractor to any subcontractor for labor
or materials furnished in the said erection or construction, and that the right of anyone to claim any such lien be waived
hereby.
~ot~, ~Oi~ ~[~eement ~itnessetb: That Contractor, for and in consideration of the contract aforesaid and the
considerations mentioned thereunder, as well as the further consideration of One Dollar ($1.00) to it in hand paid by the
Owner at or before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, and intending
to be legally bound hereby, does hereby covenant, promise and agree, for Contractor and any and all subcontractors,
materialman, laborers and parties acting for, through or under Contractor, that no mechanics' lien or claim or other lien or
claim of any kind whatsoever shall be filed or maintained against the building, improvements, lot of ground or any part
hereof, or the curtilage or curtilages appurtenant thereto by anyone, and that all subcontractors, materialmen and laborers
shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done.
~[llb this agreement, waiving the right of lien by anyone, shall be an independent covenant and shall operate and be
effective with respect to work done and materials furnished under any supplemental contract for extra work in the erection,
construction and completion of the building as well as to any work and labor done and materials furnished under the
contract aforesaid.
~tib, in order to give the Owner full power and authority to protect Owner and the building, improvements and lot of
ground, against any and all claims filed by Contractor or anyone acting under or through Contractor in violation of the
foregoing covenant, Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas
of the Commonwealth of Pennsylvania to appear for Contractor in any of the said Courts of Common Pleas as attorney for
Contractor and in Contractor's name, mar.k satisfied of record at the cost and expense of the Contractor, or of any
subcontractor or materialman, any and all claims or claim, liens or lien, filed by or for the Contractor, or any subcontractor
or materialman, or in the name of any one or more of them against the building, improvements, lot of ground or any part
thereof, and, for such act or acts, this shall be good and sufficient warrant and authority, and a reference to the Court,
Term and Number in which this instrument shall have been filed shall be a sufficient exhibit of the authority herein
contained to warrant such action, and the Contractor does hereby remise, release, and quit claim all rights and all manner
of errors, defects and imperfections whatsoever in entering such satisfaction of in anywise touching or concerning the
same.
Witness our hand and seal the day and year aforesaid.
Signed and sealed in the presence of:
v,..l OTL S W ,.c.. ow. .
BY: _~ VVv ~"'"" ""
ROBERT P. BOWMAN, PRESIDENT
)BERT P. BOWMAN, PRESIDENT
STIPULATION AGAINST LIENS- 2-8-00
File No. 02-7641CDFN
ALL THAT CERTAIN lot or tract of land situate in East Pennsboro Township, Cumberland County, Commonwealth
of Pennsylvania more particularly bounded and described as follows, to wit:
BEGINNING at a point on the northern dedicated right-of-way line of Westwood Drive at the dividing line of Lot
//111 and Lot //110; thence by the northern right-of-way line of Westwood Drive, South forty-six degrees twenty-
four minutes twenty-three seconds West (S 46° 24' 23" W), fifteen and ninety-one hundredths (15.91) feet to a
point; thence by same by a curve to the right having a radius of one hundred fifty and zero hundredths (150.00)
feet and an arc length of thirty-six and ninety-two hundredths (36.92) feet, said curve also having a chord bearing
and distance of South fifty-three degrees twenty-seven minutes thirty seconds West (S 53° 27' 30" W), thirty-six
and eighty-three hundredths (36.83) feet to a point a the dividing line of Lot //109, Westwood Hills, Phase I and
Lot #110; thence by line of Lot #109, Westwood Hills, Phase I, North twenty-nine degrees twenty-nine minutes
twenty-four seconds West (N 29° 29' 24" W), one hundred twenty-six and twenty-four hundredths (126.24) feet
to a point; thence by line of Lot #103 and Lot #102, Westwood Hills, Phase I, North sixty-seven degrees thirty-
three minutes fifty-nine seconds East (N 67° 33' 59" E), sixty and twenty-nine hundredths (60.29) feet to a point
at the dividing line of Lot #111 and Lot #110; thence by line of Lot #111, South forty-three degrees thirty-five
minutes thirty-seven seconds East (S 43° 35' 37" E), one hundred thirteen and eighty-seven hundredths (113.87)
feet to a point on the northern right-of-way line of Westwood Drive, the place of BEGINNING.
BEING Lot #110 on the Final Subdivision Plan for Westwood Hills, Phase IV, recorded in Plan Book 81, Page 106.
SUBJECT to a twenty-five (25) foot wide drainage easement as shown on the above mentioned subdivision plan.
SUBJECT to restrictions, conditions and easements as set forth on the above mentioned Subdivision Plan.
STIPULATION AGAINST LIENS- 2-8-00